Black v. Read et al

Filing 2

ORDER: The Clerk is DIRECTED to send the plaintiff a blank application to proceed in forma pauperis and a copy of Administrative Order No. 93. The plaintiff, in turn, is directed to do one of the following within 30 days of the date that he receives this order: (1) either pay the full civil filing fee; (2) or complete the application to proceed in forma pauperis provided in accordance with Administrative Order No. 93 and return the properly completed application to the district court with a cert ified copy of his inmate trust fund account statement for the 6-month period immediately preceding the date of the entry of this order. Signed by District Judge Todd J. Campbell on 4/25/14. (xc:Pro se party IFP & AO 93 by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
JOHN BLACK,

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Plaintiff,
v.
ADAM READ, et al.,
Defendants.

No. 3:14-mc-00698
Judge Campbell

ORDER
The plaintiff, an inmate at the West Tennessee State Penitentiary (WTSP) in Henning,
Tennessee, has filed a pro se complaint alleging civil rights violations under 42 U.S.C. § 1983.
(Docket No. 1). The plaintiff has not paid the required civil filing fee. Neither has he submitted
an application to proceed in forma pauperis in lieu thereof. However, the plaintiff states that he
wishes to proceed as a pauper in this matter. (Docket No. 1, Attach. 1). The plaintiff claims that,
due to a lock-down at the WTSP, he has not been able to obtain and complete the necessary forms.
(Id.)
The Clerk is DIRECTED to send the plaintiff a blank application to proceed in forma
pauperis and a copy of Administrative Order No. 93. The plaintiff, in turn, is directed to do one of
the following within thirty (30) days of the date that he receives this order: (1) either pay the full
civil filing fee; (2) or complete the application to proceed in forma pauperis provided in accordance
with Administrative Order No. 93 and return the properly completed application to the district court
with a certified copy of his inmate trust fund account statement for the 6-month period immediately
preceding the date of the entry of this order, as required under 28 U.S.C. § 1915(a)(2).

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The plaintiff is forewarned that if he does not comply with this order within the 30-day time
frame specified, the court is required under the law to presume that he is not a pauper, assess the full
amount of the filing fee, and dismiss the action for want of prosecution. McGore v. Wrigglesworth,
114 F.3d 601, 605 (6th Cir. 1997), overruled on other grounds by Jones v. Bock, 549 U.S. 199
(2007). If the plaintiff’s case is dismissed under these circumstances, it will not be reinstated to the
court’s active docket despite subsequent payment of the filing fee or correction of any documentary
deficiency. Id.
An extension of time to comply with this order may be requested from this court if a motion
for an extension of time is filed within thirty (30) days of the date of entry of this order. Floyd v.
United States Postal Service, 105 F.3d 274, 279 (6th Cir. 1997), superseded on other grounds by
Rule 24, Fed. R. App. P.
It is so ORDERED.

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Todd J. Campbell
United States District Judge

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